Thomas v. State

The defendant was charged by information in the county court of Custer county with the crime of having unlawful possession of three gallons of intoxicating liquor with intent to sell the same. He was tried, convicted, and sentenced to pay a fine of $100 and serve 90 days in the county jail. From this judgment and sentence he has appealed.

The overruling of defendant’s motion to suppress the evidence by reason of the service of an illegal search warrant is the first issue presented. A hearing was had upon this motion before the trial of the case. The court, after hearing the testimony,…